Burial (burial)
Verified 01 January 2025 - Directorate for Legal and Administrative Information (Prime Minister)
Informing loved ones when resurrecting a grave on common ground
In the name of the principle of safeguarding the dignity of the human person, the Constitutional Council, in its decision no. 2024-1110 of 31 october 2024, certain provisions of Article L. 2223-4 of the General Code of Local and Regional Authorities, as they do not guarantee respect for the will of the deceased.
The censored provisions will be repealed effective December 31, 2025.
From now on, when the mayor is considering the cremation of the remains exhumed following the resumption of a burial in common ground, he must inform the relatives who are likely to make known the will of the deceased by any useful means.
This obligation remains with the Mayor until the entry into force of a new law (or the repeal of the relevant provisions).
This sheet will be updated as soon as an amending text is adopted.
Do you have to take care of the burial of a loved one? Burial shall take place in a cemetery within a maximum of 14 days of death, with certain exceptions. The chosen funeral company takes care of all or part of the procedures. The cost varies depending on the place and the services. If the deceased has not signed a funeral contract, the fees are levied on the estate's property. We present you with the information you need to know.
The decision depends on the information given by the deceased:
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The deceased has indicated his will
If the deceased expressed the wish to be buried, you must respect his will, however it may be indicated (orally or in writing).
Check if the deceased had purchased a funeral contract.
It funds and organizes the funeral. It also specifies the conditions of funerals (for example, funeral services) and their cost.
FYI
If the deceased has subscribed to a funeral insurance contractBut the situation is different. This contract allows the payment of a capital sum to a beneficiary to finance the funeral, without listing the funeral benefits.
To check if the deceased had taken out a funeral insurance policy, you can use the following online service:
The deceased left no indication
The decision rests with the relatives of the deceased in the following cases:
- He didn't plan his funeral in advance
- He left no indication of their organization.
Please note
if you disagree with other relatives of the deceased about the organization of his funeral, you must refer the place of death to the court of justice.
Delays vary depending on the place of death.
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Deaths in the Metropolis
The burial must take place 24 hours at least and 14 calendar days at most after death.
Where particular circumstances so warrant, the prefect of the department of the place of burial may grant derogations (individually or collectively) from those time limits.
In practice, the funeral company takes care of the process.
In case of forensic problem (for example, suicide or suspicious death), burial occurs at the latest 14 calendar days after the burial authorization issued by the public prosecutor.
Warning
Whether the death occurred before july 12, 2024, burial shall take place at least 24 hours and 6 hours working days at the latest after the death (or after the burial authorization issued by the public prosecutor).
Deaths overseas
In the event of death in a overseas department or in a overseas collectivity, with body transfer in mainland france, burial can take place until 14 calendar days after the body enters the metropolis.
Where particular circumstances so warrant, the prefect of the department of the place of burial may grant derogations (individually or collectively) from those time limits.
In practice, the funeral company takes care of the process.
In case of forensic problem (for example, suicide or suspicious death), burial occurs at the latest 14 calendar days after the burial authorization issued by the public prosecutor.
Warning
Whether the death occurred before july 12, 2024, burial shall take place at least 24 hours and 6 hours working days at the most after the entry of the body into the metropolis (or after the burial authorization issued by the public prosecutor).
Deaths abroad
In case of death with body transfer in mainland france, burial can take place until 14 calendar days after the body entered France.
Where particular circumstances so warrant, the prefect of the department of the place of burial may grant derogations (individually or collectively) from those time limits.
In practice, the funeral company takes care of the process.
In case of forensic problem (for example, suicide or suspicious death), burial occurs at the latest 14 calendar days after the burial authorization issued by the public prosecutor.
Warning
Whether the death occurred before july 12, 2024, burial shall take place at least 24 hours and 6 hours working days not later than after the body enters France (or after the burial authorization issued by the public prosecutor).
If you respect the wishes indicated by the deceased, or in the absence of any indication from him, you can choose the place of burial according to the following rules:
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In a cemetery
You have to ask authorization for burial to the mayor of the municipality of the cemetery chosen.
In practice, the funeral company takes care of the process.
The deceased may be buried in one of the following cemeteries:
- That of the commune where the deceased lived
- The one in the town where he died
- The one where the family vault is located.
He may also be buried in the commune where he is entitled to a family grave.
Burial is also possible in another commune, but the mayor can refuse it.
FYI
If the deceased resided abroad, he may be buried in the cemetery of the commune in which he is registered (or meets the conditions for being registered) on the electoral list.
In the chosen cemetery, the deceased is buried in a burial concession.
In the absence of a concession, he is buried free of charge in communal land, in an individual location.
The burial is arranged according to the wishes of the deceased or his relatives and in compliance with the regulations of the communal cemetery.
FYI
The laying of a headstone or other indicative burial mark is not mandatory.
In a private property
You have to ask authorization from the prefect of the department where the property is located.
In practice, the funeral company takes care of the process.
The authorization shall be individual. You can't create a private cemetery.
This authorization is conditional, including:
- Location of the property (distance from other dwellings, etc.)
- Sanitary conditions
- Composition of the soil.
Warning
Burial in private land creates a perpetual burial grant.
YesHowever, you can choose between burial on common ground and the purchase of a concession, unless the deceased had indicated a contrary wish, for example in a funeral contract.
Common land
Offering burial on common ground (or common ground) is a obligation for municipalities.
The common ground consists ofindividual locations, in which the deceased are buried for free for a minimum of 5 years.
The common ground welcomes anyone who chooses this burial or whose family makes this choice.
It also accommodates people without sufficient resources (or poor).
Please note
The mayor cannot set a maximum resource limit for accessing the common ground.
If the family is known, they provide for the funeral and pay the expenses.
If the deceased has no known family, it is the commune that provides for the funeral. Further research will be carried out to obtain reimbursement of costs if necessary.
You can customize the grave on common ground.
However, the mayor may limit the size of the monument.
After a minimum period of 5 years, the municipality may decide to vacate the site on common ground.
The decision shall be communicated by the following means:
- Posting of the mayor's order at the mayor's office and cemetery for a period of at least 2 months
- Mail to known family members of the deceased
You can decide to buy a concession and then transfer the deceased's coffin to it.
In the absence of a response or decision from the family, the municipality may choose one of the following options:
- Ossuary deposit
- Cremation (unless opposed by the deceased) before deposition at the ossuary or dispersion of ashes in the garden of memory.
Burial Concession
One burial concession is a location in a cemetery (cellar, grave).
The price of the concession depends in particular on its location and duration. It is set by the city council.
The contract signed with the municipality (concession agreement) specifies the beneficiaries and the duration of the concession.
Please note
The commune can offer confessional squares in the cemetery. But it's not an obligation.
A temporary vault may be necessary in particular in the following situations:
- Construction of the final grave
- Repairs to be made in the concession
- Reduction of body to be carried out in the concession
- Waiting for a transfer abroad.
The temporary cellar belongs to the municipality (this equipment is optional).
It can be free or paid for.
You must address your request to the mayor indicating the desired duration.
The time limit for temporary storage depends on the place of death.
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Deaths in the Metropolis
Provisional storage may take place between 24 hours and 14 dayscalendars after death.
Please note
In case of forensic problem (for example, suicide or suspicious death), temporary storage takes place at the latest 14 calendar days after the burial authorization issued by the public prosecutor.
Deaths overseas
In the event of death in a overseas department or in a overseas collectivity, with body transfer in metropolitan france, temporary storage may take place until 14 days calendars after the body enters the metropolis.
Please note
In case of forensic problem (for example, suicide or suspicious death), temporary storage takes place at the latest 14 calendar days after the burial authorization issued by the public prosecutor.
Deaths abroad
In case of death with body transfer in metropolitan france, temporary storage may take place until 14 days calendars after the body entered France.
Please note
In case of forensic problem (for example, suicide or suspicious death), temporary storage takes place at the latest 14 calendar days after the burial authorization issued by the public prosecutor.
Provisional storage is limited to a period of 6 months (non-renewable).
In practice, the funeral company takes care of the process.
Please note
A hermetic coffin is mandatory if the temporary burial exceeds 6 days.
If the deceased had not chosen a funeral company (by subscribing to a funeral contract), you must choose it.
The choice varies depending on the size of the municipality.
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In a commune of more than 5,000 inhabitants
You can freely choose a funeral operator.
The list of local licensed funeral companies is available at (or on their website):
- Town Hall
- Health care facilities
- Welcome room of the mortuary or funeral rooms.
The funeral company must obligatory present the following 3 documents:
- General documentation listing tariffs and services (whether mandatory or optional)
- Free, detailed and costed individual quotation (conforming to an official model)
- Purchase order in case of acceptance of the quote.
Companies are required to submit standard specifications in town halls of municipalities with more than 5,000 inhabitants.
They can also submit these estimates to any other municipality.
In a municipality of less than 5,000 inhabitants
You can freely choose a funeral operator.
The list of local licensed funeral companies is available at (or on their website):
- Town Hall
- Health care facilities
- Welcome room of the mortuary or funeral rooms.
The funeral company must obligatory present the following 3 documents:
- General documentation listing tariffs and services (whether mandatory or optional)
- Free, detailed and costed individual quotation (conforming to an official model)
- Purchase order in case of acceptance of the quote.
Companies must submit standard estimates to the municipalities of the department where they have their registered office or a secondary school.
They can also submit these estimates to any other municipality.
After the declaration of death, the following formalities shall be carried out until burial:
- Authorization to close the coffin
- Declaration prior to transport of the body if necessary
- Final closure of the coffin
- Permission to bury.
The funeral company takes care of all or part of the procedures.
You must provide him with the necessary documents on request.
Certain steps may be your responsibility (organization of a religious ceremony for example).
The cost varies depending on the place and the services chosen.
FYI
Ask the city council about local arrangements for the payment of certain funeral expenses.
The situation depends on the choice the deceased made:
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The deceased signed a contract to finance his funeral
The situation depends on the contract entered into by the deceased.
The deceased has taken out a life insurance policy
This contract allows capital to be paid to a person designated by the deceased as the beneficiary.
FYI
A death insurance contract does not oblige the beneficiary to use the money received for the organization of the funeral.
The deceased took out a funeral insurance contract
This contract provides for the payment of a capital sum to finance the funeral, but it does not list the funeral benefits (ceremony, coffin...).
It doesn't necessarily cover the full cost of the funeral.
The deceased took out a funeral contract
This contract is used to finance and organize the funeral.
It specifies the conditions of funerals (for example, funeral services) and their cost.
The deceased did not sign a contract to finance his funeral
The rules depend on the situation of the deceased:
The deceased was an employed person
Funeral expenses may be charged to the bank accounts of the deceased, up to €5,910 (and the amount available on the account).
If the amount charged is not sufficient, heirs must participate.
Depending on the situation of the deceased, some organizations can help you financially.
You can contact the following organizations:
- Social security fund (rights in respect of death capital)
- Mutual society of the deceased (possible financial contribution to the costs).
FYI
ask the city council about local arrangements for the payment of certain funeral expenses.
The deceased was an active civil servant
Funeral expenses may be charged to the bank accounts of the deceased, up to €5,910 (and the amount available on the account).
If the amount charged is not sufficient, heirs must participate.
Depending on the situation of the deceased, some organizations can help you financially.
You can contact the following organizations:
- Administration employing the deceased (rights in respect of death capital)
- Mutual society of the deceased (possible financial contribution to the costs).
FYI
ask the city council about local arrangements for the payment of certain funeral expenses.
The deceased was retired from the general scheme
Funeral expenses may be charged to the bank accounts of the deceased, up to €5,910 (and the amount available on the account).
If the amount charged is not sufficient, heirs must participate.
Depending on the situation of the deceased, some organizations can help you financially.
You can contact his pension fund.
Any person who has paid the funeral expenses of a pensioner under the general scheme may have the amount of those expenses deducted from the amounts due by the Cnav: titleContent, up to €2,286.74.
FYI
ask the city council about local arrangements for the payment of certain funeral expenses.
Other situation
Funeral expenses may be charged to the bank accounts of the deceased, up to €5,910 (and the amount available on the account).
If the amount charged is not sufficient, heirs must participate.
FYI
ask the city council about local arrangements for the payment of certain funeral expenses.
Regulation of the activities of funeral directors
Post-death operations
Authorization for burial
Penalty for failure to comply with the deceased's wishes (Article 433-21-1)
Respect for the human body
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